Parrish, FL asked in Small Claims for Florida

Q: US Code 38 chapter 5301 (a). Veterans rights against creditor claims & judgements.

Morning, I have Jefferson Capitol Systems, original creditor, and xxx attorneys for plaintiff still pushing for a garnishment and or judgement against me regarding an old bill from 2016. Oct 29th I have a pre trial court date via zoom. I have submitted to court, a petition added to my case on file, copies of proof regarding my DD214, proof of 100% disability rating and income, as well as, copy of US code 38 chapter 5301. Attorney xxx refuse to acknowledge my protected rights against the claims of creditors under US Code 38 and continue to pursue me. Can you assist me or is there a pro bono lawyer to assist me in this matter via zoom on Oct 29th @ 1:30 pm.

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Whether your assets are exempt from execution is one issue; whether a judgment against you is quite another. The purpose of the pretrial conference on the 29th is to determine whether you owe the money and whether a judgment should enter. Only after that happens, and the judgment creditor tries to garnish your wages, veteran's benefits, property, etc., will it be time to argue about whether such things are exempt.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.